HQ 560020 - Request for a ruling regarding the country of origin marking requirements of certain articles of clothing; shirts; pants; shorts; 19 CFR 134.46 - United States International Trade Commision Rulings

United States International Trade Commision Rulings And Harmonized Tariff Schedule

faqs.org Rulings By Number Rulings By Category Tariff Numbers

faqs.org > Rulings and Tariffs Home > Rulings By Number > 1997 HQ Rulings > HQ 559991 - HQ 560128 > HQ 560020

Previous Ruling Next Ruling
HQ 560020

February 21, 1997

MAR-05 RR:TC:SM 560020 KKV

CATEGORY: MARKING

Ms. Marty Langtry
Tower Group International
2400 Marine Avenue
Redondo Beach, CA 90278-1103

RE: Request for a ruling regarding the country of origin marking requirements of certain articles of clothing; shirts; pants; shorts; 19 CFR 134.46

Dear Ms. Langtry:

This is in response to your letter dated August 8, 1996, on behalf of The Territory Ahead, requesting a binding ruling regarding the country of origin marking requirements pertaining to certain shirts, pants and shorts. Samples of the clothing and proposed labels have been submitted for our consideration.

FACTS:

We are informed that The Territory Ahead sells clothing, including the shirts, pants and shorts submitted, by catalog and mail order. The shirt submitted for our examination is marked in the following manner. An off-white sewn-in label is affixed to the inside center of the neck midway between the shoulder seams of the shirt which lists the garment's fiber content, country of origin designation, "Made in/ Fabrique au Hong Kong" and the RN number in contrasting beige lettering. The care instructions are listed on the reverse side of the label. Another much smaller sewn-in label listing the garment size is affixed directly on top of the larger label, but does not obscure any of the information displayed on the larger label.

Both the pants and shorts submitted for our examination have a fabric label sewn onto the center of the inner rear waistband which lists the garment's fiber content, country of origin (Made in/ Fabrique au Hong Kong) and the RN number on the front size of the label. The care instructions are listed on the reverse side of the label. Although a much
smaller fabric label listing the garment size is also sewn into the center of the inner rear waistband on top of the larger origin label, it does not obscure any of the information displayed on the larger label.

Additionally, The Territory Ahead proposes to mark the clothing with an additional textile label, measuring either 2 " X 1" or 3" X 1 ¬ ". The proposed tags will display The Territory ahead logo together with one of the following legends:

WE HOPE YOU'LL ENJOY THIS GARMENT.
IF YOU WOULD LIKE TO RECEIVE A FREE CATALOG OF ALL OUR CLOTHING PLEASE GIVE US A CALL.
THE TERRITORY AHEAD
SANTA BARBARA, CA
1-800-TT-AHEAD

WE HOPE YOU'LL ENJOY THIS TERRITORY AHEAD GARMENT. IF YOU WOULD LIKE TO RECEIVE A CATALOG OF ALL OUR CLOTHING PLEASE GIVE US A CALL
SANTA BARBARA
1-800-TT-AHEAD

It is asserted that the additional label, which will be affixed by sewing, may be placed at any location on the garment. Inasmuch as no information has been provided which would permit us to verify the validity of the country of origin of the shirts, pants or shorts, we will assume that the country of origin of the garments, Hong Kong, is correct for purposes of this ruling.

ISSUE:

Does the proposed marking which appears on the sample labels for the clothing satisfy the country of origin marking requirements of 19 U.S.C. 1304 and 19 CFR Part 134?

LAW AND ANALYSIS:

Section 304 of the Tariff Act of 1930, as amended (19 U.S.C. 1304), provides that, unless excepted, every article of foreign origin imported into the U.S. shall be marked in a conspicuous place as legibly, indelibly, and permanently as the nature of the article (or container) will permit, in such a manner as to indicate to the ultimate purchaser in the

U.S. the English name of the country of origin of the article. Congressional intent in enacting 19 U.S.C. 1304 was that the ultimate purchaser should be able to know by an inspection of the marking on the imported goods the country of which the goods is the product. Part 134, Customs Regulations (19 CFR Part 134), implements the country of origin marking requirements and exceptions of 19 U.S.C. 1304.

Section 134.46, Customs Regulations (19 CFR 134.46), provides that

In any case in which the words "United
States," or "American," the letters
"U.S.A.," any variation of such words or letters, or the name of any city or locality in the United States, or the name of any foreign country or locality other than the country or locality in which the article was manufactured or produced, appear on an imported article or its container, there, shall appear, legibly and permanently, in close proximity to such words, letters or name, and in at least a comparable size, the name of the country of origin preceded by "Made in," "Product of," or other words of similar meaning.

The purpose of the more stringent marking requirements of 19 CFR 134.46 is to ensure that an ultimate purchaser is not misled or deceived by a non-origin reference into believing that the country of origin is other than the actual country of origin from reading the non-origin reference. In fact, when applying the special marking requirements of 19 CFR 134.46, Customs takes into account the question of whether the presence of words or symbols on an imported article or its container can mislead or deceive the ultimate purchaser as to the actual country of origin of the article.

Consequently, if it is concluded that the non-origin locality reference would not mislead or deceive an ultimate purchaser as to the actual country of origin of the imported article, Customs policy is that the special marking requirements of section 134.46 are not triggered, and the origin marking only needs to satisfy the general marking requirements of permanency, legibility and conspicuousness under 19 U.S.C. 1304 and 19 CFR Part 134. In Headquarters Ruling Letter (HRL) 732412, dated August 29, 1989, Customs found that the placement of the word "Kansas" on different parts of imported jeans did not trigger the requirements of 19 CFR 134.46 because such marking was used as a symbol or decoration and would not reasonably be construed as indicating the origin of the article on which it appeared. In HRL 723604, dated November 3, 1983, Customs found that the letters "USA" on men's bikini-style swimming trunks did not trigger the
marking requirements of 19 CFR 134.46 because such marking was used as a symbol or decoration and would not reasonably be construed as indicating the country of origin of the article. In Customs Service Decision (C.S.D.) 89-73, dated February 2, 1989, Customs held that an imported man's pullover shirt that prominently displayed the words "Christian Dior, 30 Avenue Montaigne, Paris 75008" across the back, did not invoke the application of 19 CFR 134.46 because the true country of origin of the article was indicated conspicuously on a label inside the neckband.

Customs has recognized that but for the existence of this strict regulation, there would be more flexibility in determining whether a marking is misleading, thus triggering the special marking requirements of 19 CFR 134.46. For this reason, Customs published in the Federal Register, 60 Fed. Reg. 57559, 29 Cust. Bull. 21 (November 29, 1995), a proposal to amend 19 CFR 134.46 to reflect that the special marking requirements of section 134.46 shall only apply if the non-origin reference is likely to mislead or deceive the ultimate purchaser as to the actual country of origin of the article.

The country of origin marking "Made in/ Fabrique en Hong Kong" which is printed on a sewn-in label affixed to the inside center of the neck midway between the shoulder seams of the shirt is conspicuously located in that it is easy to find and read. Also, the location of the country of origin marking on the shirt satisfies the marking requirements of T.D. 54640(6) which provides that:

...wearing apparel such as shirts, blouses, coats, sweaters, etc. must be legibly and conspicuously marked with the name of the country of origin by means of a fabric label or label made from natural or synthetic film sewn or otherwise permanently affixed on the inside center of the neck midway between the shoulder seams or in that immediate area...

The same country of origin marking, "Made in/Fabrique au Hong Kong" which is printed on a sewn in label affixed to the center of the inner rear waistband of both the pants and shorts is also conspicuously located in that it is easy to find and read. Also, the location of the country of origin marking on the pants and shorts satisfies the marking requirements of T.D. 71-264(3) which provides that:

Trousers, slacks, jeans, and similar wearing apparel shall be marked to indicate the country of origin by means of a permanent label affixed in a conspicuous location on the garments, such as the inside of the waistband.

In this case, the U.S. reference "Santa Barbara, CA" or "Santa Barbara" which appears in conjunction with the The Territory Ahead logo and the toll-free telephone number does not trigger the special marking requirements of 19 CFR 134.46 because the U.S. reference is only being used as part of an attempt to solicit additional catalog sales.

In HRL 734180 dated September 10, 1991, Customs considered whether a U.S. address printed on the back of a hang tag affixed to wearing apparel triggered the requirements of 19 CFR 134.46. Finding that the U.S. address was not intended to deceive or mislead the ultimate purchaser and that there was no possibility that the ultimate purchaser would be confused by the presence of the address since the address was associated with domestic quality assurance/warranty program, Customs held that 19 CFR 134.46 did not require that the country of origin information appear beneath the U.S. address. Similarly, in this case, we find that an ultimate purchaser would not be misled, deceived or confused about the actual origin of the garments by the presence of the U.S. address since the shirt is conspicuously marked "Made in/ Fabrique au Hong Kong" by means of a sewn in label affixed to the inside center of the neck midway between the shoulder seams of the shirt and by means of a sewn in label affixed to the inside center of the rear waistband of the shorts and pants.

Accordingly, we find that the proposed marking on the sample shirt, shorts and pants, as described above, satisfies the requirements of 19 U.S.C. 1304 and 19 CFR Part 134 and is an acceptable country of origin marking for the imported garments.

HOLDING:

Where imported articles of clothing are conspicuously marked with labels bearing the words "Made in/ Fabrique au Hong Kong," the use of the U.S. reference "Santa Barbara, CA" or "Santa Barbara" on a separate label together with a toll-free telephone number for ordering a catalog would not mislead or deceive an ultimate purchaser as to the actual orign of the garments. Thus, the U.S. reference "Santa Barbara, CA" or "Santa Barbara" does not trigger the special marking requirements of 19 CFR ?134.46 and the country of origin marking "Made in/ Fabrique au Hong Kong," sewn into the inside center of the neck midway between the shoulder seams of the shirt, and sewn into the inside center of the rear waistband of shorts and pants, satisfies the general marking requirements of 19 U.S.C. 1304 and 19 CFR Part 134 and is an acceptable country of origin marking for the imported clothing.

A copy of this ruling letter should be attached to the entry documents filed at the time this merchandise is entered. If the documents have been filed without a copy, this ruling should be brought to the attention of the Customs officer handling the transaction.

Sincerely,

John Durant, Director

Previous Ruling Next Ruling